Trying to exercise cancellation rights but seller is in different jurisdiction

Alderbank

eskbanker said:

Difficult to unpick all this and identify who you should be speaking to, but you linked earlier to a Trustpilot page for a company called Akusoli, what do they have to do with the purchase?

Good question.

It's possibly because on their website Akusoli say:

1. GENERAL INFORMATION

Akusoli (hereinafter referred to as the “Seller”, “We”, “Us”, “Our”) is a brand name and registered trademark that is used and operated by:

Bewell EU

Gynėjų g. 4-333, LT-01109 Vilnius, Lithuania.

Further down the same page, Akusoli say:

15. GOVERNING LAW AND DISPUTES

15.1. These Terms and the entire legal relation between you and us shall be subject to the law of Delaware...

Be well or BeWell or other variants are popular trading names used by companies selling quack wellbeing products. Akusoli are one such company; they sell insoles allegedly containing magnets to align your chakras or some such.

PotentialEnergy

Thankyou

From initial despair re Delaware, I googled "delaware consumer distance selling"  and the same guidelines apply re consumer rights to cancel. 14 days....

PayPal will have some answering to do!

Okell

System said:

This discussion was created from comments split from: Quick questions on Consumer Rights.

Have you told the OP that their query has been moved because they are still posting on the old thread - as have I...

It would have made much more sense to put a re-direct message on the old thread and not the new one...  

PotentialEnergy

Thankyou Okell as I hadn't been aware of xfer

Going back to the original query/trail of events:

Any idea what a judge would opine given distance selling cooling off regulations?

Item purchase was cancelled by notifying vendor within an hour

PayPal notified within 24hours to withhold payment

Package despatched day after appeal sent to PayPal 

PayPal decline my appeal with no explanations other than saying based on vendor response (which I'm not provided visibility of).

Seems blatant flouting of Consumer Rights to cancel order within 14 days. That law exists in the UK, across the EU and Delaware in the US. 

powerful_Rogue

PotentialEnergy said:

Thankyou Okell as I hadn't been aware of xfer

Going back to the original query/trail of events:

Any idea what a judge would opine given distance selling cooling off regulations?

Item purchase was cancelled by notifying vendor within an hour

PayPal notified within 24hours to withhold payment

Package despatched day after appeal sent to PayPal 

PayPal decline my appeal with no explanations other than saying based on vendor response (which I'm not provided visibility of).

Seems blatant flouting of Consumer Rights to cancel order within 14 days. That law exists in the UK, across the EU and Delaware in the US. 

But you would need to take them to court in Delaware, which I would imagine would cost an awful lot more then the price of the product.

PotentialEnergy

I thought that where an act took place is where County Court action can happen?

As the transaction was done from a computer in the UK....

Guess we'll see what "wriggle out" PayPal come back with.

Otherwise I guess our friends in the media might raise the topic with PayPal were I to ask them...

Okell

PotentialEnergy said:

I thought that where an act took place is where County Court action can happen?

As the transaction was done from a computer in the UK....

Guess we'll see what "wriggle out" PayPal come back with.

Otherwise I guess our friends in the media might raise the topic with PayPal were I to ask them...

Not necessarliy that simple...

The transaction took place where the seller is based and/or is subject to whatever jurisdiction is spelled out in their T&Cs.  In this case that tax haven US state of Delaware.

When buying anything online always check the T&Cs for the country of jurisdiction and also see what their returns policy says.  If there is no return address and/or no mention of your statutory right to cancel a distance contract - avoid.  If there are no UK contact details - avoid.

powerful_Rogue

PotentialEnergy said:

I thought that where an act took place is where County Court action can happen?

As the transaction was done from a computer in the UK....

Guess we'll see what "wriggle out" PayPal come back with.

Otherwise I guess our friends in the media might raise the topic with PayPal were I to ask them...

First part has already been explained in the post above.

As for the bit in bold, I wouldn't count on this, they only really go for the big consumer rights issues. Even if they did, would you really want a picture looking sad holding a pair of Chinese insoles plastered everywhere?

PotentialEnergy

Thankyou and this is a serious lesson learnt. 

The Daily Telegraph tend to help people without photographs being required so may approach as there is a lesson regarding inefficacy of online distance selling legislation.

The fact this scam operation is allowed to go on... 

Can't believe I'm first to raise this matter with PayPal. 

I do wonder if a regulator or trading standards body could help. Maybe Action Fraud?

PotentialEnergy

https://www.trustpilot.com/review/bewellhub.co.uk

Some reviews have similar experiences. Just ignore 1st April one